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Regulation Of The Minister Of Law And Human Rights The Number 58 2016 2016

Original Language Title: Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 58 TAHUN 2016 Tahun 2016

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THE REPUBLIC OF INDONESIA NEWS

No. 2125, 2016 FRANKKUMHAM. Gratification control. Repeal.

LAW AND HUMAN RIGHTS MINISTER REGULATION

REPUBLIC OF INDONESIA

NUMBER 58 IN 2016

ABOUT

CONTROL OF THE GRATIFICATION

IN THE MINISTRY OF LAW AND HUMAN RIGHTS

WITH THE GRACE OF GOD ALMIGHTY

THE MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

DRAWS: A. that the host of a clean and free country

corruption, collusion and nepotism in the Ministry's environment

The Law and Human Rights constitute a form

the integrity of the employees in carrying out tasks and functions

governance;

b. that to optimize the execution of control

gratification in the Ministry of Law and Rights

Human Rights needs to be set up for the Controlling Unit

Gratification in each working unit;

c. that the Regulation of the Minister Law and Human Rights

No. 15 Year 2014 on Gratification Control

in the Environment of the Ministry of Law and Rights

Humans are no longer in compliance with the development

and the legal needs so that it needs to be replaced;

d. that based on consideration as

referred to in letters a, the letter b, and the letter c, need

set the Regulation of the Minister of Law and Human Rights

Humans on the Control of the Gratification in the Environment

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2016, No. 2125 -2-

The Ministry of Law and Human Rights;

Given: 1. Law No. 28 of 1999 on

The Clean and Free State of the

Corruption, Colusion and Nepotism (State Sheet

The Republic Of Indonesia In 1999 Number 75, Additional

The Republic Of State Sheet Indonesia Number 3851);

2. Law No. 31 Year 1999 on

Eradication Of Criminal Corruption (State Sheet

Republic Indonesia Year 1999 Number 140, Additional

sheet of State of Indonesia Number 3874)

as amended with the Act

Number 20 of 2001 on Changes to the Invite-

Invite Number 31 Year 1999 on Eradication

Corruption Felony (Republican Sheet

Indonesia In 2001 Number 134, Additional Sheets

State of the Republic of Indonesia Number 4150);

3. Law No. 39 of 2008 on

Ministry of State (Republican Gazette

Indonesia In 2008 Number 166, Extra Sheet

State of the Republic of Indonesia Number 4916);

4. Presidential Act No. 44 of 2015 on

Ministry of Law and Human Rights (Sheet

State of the Republic of Indonesia of 2015 No. 84);

5. Regulation of the Minister of Law and Human Rights Number

28 of 2014 on the Organization and Work Office

Territories of the Ministry of Law and Human Rights

(Indonesian State News of 2014 Number

1698);

6. Regulation of the Minister of Law and Human Rights Number

29 Years 2015 on Organization and Work

Ministry of Law and Human Rights Republic

Indonesia (Republic of Indonesia State News 2015

Number 1473) as has been amended with

Regulation of the Minister of Law and Human Rights Number

6 Years 2016 on Changes to the Minister ' s Regulations

Human Rights and Human Rights Number 29 Year 2015

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2016, No. 2125 -3-

about the Organization and the Working Office of the Ministry of Law

and the Human Rights of the Republic of Indonesia (News

State of the Republic of Indonesia 2016 No. 186);

DECIDED:

Establits: RULES OF MINISTER OF LAW AND HUMAN RIGHTS

ABOUT THE GRATIFICATION CONTROL IN THE ENVIRONMENT

THE MINISTRY OF LAW AND HUMAN RIGHTS.

BAB I

provisions of UMUM

Article 1

In Regulation of this Minister referred to:

1. Gratification is given in broad sense, the money,

goods, rabat (discount), commissions, non-interest loans,

travel tickets, lodging facilities, travel tours,

free treatment, and other facilities, either that

is accepted in the country or abroad, which

is done using electronic means or

with no electronic means.

2. The subsequent Gratification Control Unit is abbreviated

UPG is the managing unit of Gratification.

3. A unit of work is the power of the budgeting/power user

user of the goods which is part of a unit

organization on the ministry/agency that

carries out 1 (one) or some activities of an

program.

4. Employees in the Ministry of Law and Rights

The next Human Human Rights Act is

civil servants who are appointed by the officials

staffing and duty in a post

government or other state assignments and

on the basis of laws.

5. Third parties are individuals and legal entities

outside the Ministry of Law and Human Rights that

interact and cooperate with the Ministry

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The Law and Human Rights included but not

is limited to the recipient of the services, suppliers, and agents.

6. The pronunciation is the employee who delivered the top report

The reception and rejection of the Gratification.

7. The Minister is the minister who organizes affairs

governments in the field of law and human rights.

8. The Inspector General is the Inspector General

The Ministry of Law and Human Rights.

9. Inspectorate General is the General Inspectorate

Ministry of Law and Human Rights.

10. The next Corruption Eradication Commission

(KPK) is the state agency in

carrying out its duties and authority

independent and free of power influence

anywhere.

11. Impact of Interests is a situation where employees

have or should be expected to have an influence

personal interests/other parties against any

use of authority so that it can affect

quality Employee engagement and/or employee actions appropriate

with the authority.

12. A General applies is a given condition that

applies equally in terms of type, form, requirement

or value, for all participants and meets the principle

of the moderation or propriety.

13. Kedinasan is the entire official activity of the employee who

is related to the execution of duties and functions as well as

in office.

14. Day is a work day.

BAB II

THE SCOPE OF GRATIFICATION

Article 2

Gratification includes:

a. Mandatory gratification reported; and

b. Unconscripted Gratification reported;

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Article 3

The mandatory Gratification is reported as intended

in Section 2 of the letter a Gratification received

by the employee in connection with his post and/or

contrary to the duties or duties in the task

The dismay or beyond the duty of the diners.

Article 4

(1) the unconscripted Gratification is reported as

referred to in Article 2 of the letter b, consists of:

a. associated with the task of Kedinasan; and

b. not related to Kedinasan.

(2) The Gratification associated with the task of Kedinasan

as referred to in paragraph (1) of the letter a cover:

a. Cinderamata

in official activities such as meetings,

seminars, workshops, conferences, training, or

other activities of the same type; and

b. Third Party grants that are compensation

received related activities, such as

honorarium, transport, accommodation, and

other financing as set in

regulatory provisions.

regarding the standard applicable fees in the instance

recipient, as long as there is no financing

double, no conflict of interest, or

does not violate applicable provisions in

The Ministry of Law and Human Rights.

(3) The Gratification is not related to the duties of Kedinasan

as referred to in paragraph (1) the letter b includes:

a. gifts due to the family relationship, namely

kakek/grandmother, father/mother-in-law, husband/wife,

child/daughter-in-law, granddaughter, besan, uncle/aunt,

sister/sister/sister/sister/sister-in-law, cousin, and nephew throughout

have no conflict of interest;

b. gifts in the form of money, services, or goods that

have a selling value in the order of a wedding party,

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birth, aqiqah, baptism, khitanan, and cut of the tooth,

or other customary/religious ceremonies with the limitation

the overall value of most Rp1,000.00

(one million rupiah) per grant per people;

c. related disaster or disaster

experienced by employees or

fathers/ibu/istri/children from employees

Country/Host Country with value constraint

most of the Rp1,000.000.00 (one

million rupiah) per person given;

d. Employee grant in order to split

please welcome, retire, post promotion, and birthday

which is not in the most money

Rp300.000.00 (three hundred thousand rupiah) per grant

per person with total giving Rp1,000.00

(one million rupiah) in 1 (one) year of the same

giver;

e. direct gift/undrawn, draw-out prize,

discount/rabat, vouchers, point rewards, souvenirs, or

other prizes in common;

f. a common dish or serving dish;

g. Academic or non-academic achievements followed

by using their own expenses such as

championships, races or competitions;

h. benefits or interest from the fund placement,

investment, or private shareholding that

is common; and/or

i. Compensation or earnings of the outside profession

Not related to the execution

the duties and functions of the Employee and have

obtain written permission from the direct supervisor or

other authorized authorities who are authorized to use the IBM Cloud Service.

does not have

conflicts of interest and does not violate the rules

internal agency employees.

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BAB III

UPG

Article 5

(1) The Gratification Control in the Ministry environment

The Law and Human Rights are exercised by

Minister.

(2) The task and function of the UPG Ministry of Law and Rights

Human Human Rights is exercised by the General Inspectorate

in accordance with its authority.

(3) UPG consists of:

a. Central UPG; and

b. UPG Working Unit.

(4) The Central UPG as referred to in paragraph (3) the letter a

as its coordinator is based on the Inspectorate

General and is responsible to the Minister through

Inspector General.

(5) UPG Working Unit as referred to in paragraph (3)

letter b is specified by the Head of the Working Unit and

is responsible to the Central UPG.

Section 6

The Central UPG as referred to in Section 5 of the paragraph (3)

letter a has a task:

a. accepting and coordinating the implementation

reporting of Gratification control in the environment

Ministry of Law and Human Rights;

b. relay the quarterly report of Gratification Control

of each of the Working Units to the Minister through

Inspector General;

c. carry out coordination and consultation with KPK

on behalf of the Minister in execution control

Gratification; and

d. performing monitoring and evaluation of execution

Gratification control.

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Article 7

UPG Working Unit as referred to in Section 5 of the paragraph

(3) the letter b consists of:

a. UPG Main Unit;

b. UPG Region Offices; and

c. UPG Technical Managing Unit.

Section 8

(1) The membership element UPG Main Unit and Area Office

as referred to in Article 7 of the letter a and the letter

consists of:

a. The speaker is captured by a member;

b. co-chair of the co-chair; and

c. member.

(2) UPG Chairperson as referred to in paragraph (1) the letter a

is held by the head of the Working Unit.

(3) The UPG Deputy Speaker as referred to in paragraph (1)

the letter b is held by the administrator official.

(4) UPG members as referred to in paragraph (1) letter

c at least 5 (five) people of the element

administration official.

Section 9

(1) The UPG Technical Unit membership element

as referred to in Article 7 of the letter c consists of

above:

a. The speaker is captured by a member;

b. co-chair of the co-chair; and

c. member.

(2) UPG Chairperson as referred to in paragraph (1) the letter a

is held by the head of the Working Unit.

(3) The Vice Chairman of UPG as referred to in paragraph (1)

the letter b is held by the administration official.

(4) Member UPG as referred to in paragraph (1) letter

c at least 5 (five) people who come from the element

administration official.

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Article 10

UPG The Working Unit has a task:

a. providing information and related data on the development

Gratification control system as management

tools for the agency leadership;

b. received reports of the Gratification and perform

the completion of the Gratification report;

c. mereviu the report of the Gratification delivered the por;

d. requested information to report in the

is required;

e. define and provide recommendations for

handling and utilization of Gratification that is not

considered bribery related to dismay;

f. receive the Gratification items from the recipient who

has obtained a status assignment and

forwarded it to KPK or directly to

Directorate General of the Country or Office

Region/Representative Directorate Wealth General

Country and deliver proof of submission of goods

to KPK;

g. follow up on the recommendation of the Central UPG or KPK

in terms of the handling and utilization of Gratification;

h. monitoring the follow-up on a recommendation that

provided by the Central UPG or the KPK for utilization

the receipt of the Gratification set to belong

the state or property of the Gratification/recipient;

i. provide a follow-up recommendation to UPG

The center in the event of a violation of the Ministerial Regulation

this by the employee in the working environment is concerned;

j. coordinate with the Central UPG to carry out

the socialization/internalization of the terms of the Gratification and

the application of Gratification controls;

k. conduct coordination and consultation with the Central UPG

in the exercise of Gratification control;

l. convey the recapitulation of the quarterly report

Gratification control to the slowest Central UPG

every 15 (fifteen) the next month; and

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m. performing monitoring and evaluation of execution

Gratification control.

BAB IV

TATA MEANS REPORTING GRATIFICATION

Article 11

(1) The report delivered the Gratification acceptance report

to KPK via UPG The Center or UPG Working Unit.

(2) The report as referred to in paragraph (1) can

delivered in:

a. manual; or

b. electronic

(3) The delivery of the report as referred to in paragraph

(2) the letter a by filling the Gratification form of the KPK.

(4) The delivery of the report as referred to in paragraph

(2) letter b via the official page of the Inspectorate General.

(5) The Gratification Form of the KPK as intended

on the paragraph (3) is listed in the Attachment

is an inseparable part of the Regulation

This minister.

Article 12

(1) The delivery of the report as referred to in

Article 11 must be accompanied:

a. Gratification reporting form; and

b. Gratification photo.

(2) The report as referred to in paragraph (1)

delivered in the longest term of 7 (seven)

the day is calculated from the date of the Gratification acceptance.

(3) The Gratification Form reporting form as meant

on the paragraph (1) the letter a listed in the Attachment

is an inseparable part of the Regulation

This minister.

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Article 13

(1) The Gratification Report as referred to in Section

12 should be noted and revivated by the Central UPG

or the Working Unit UPG.

(2) Reviu as referred to verse (1) includes:

a. verification of the completion of the Gratification report; and

b. the document revivation of the Gratification report.

(3) In terms of required, Central UPG Unit or Workforce UPG

may request a statement to the related reporter

the completion of the report.

(4) The UPG Centre and UPG Unit Result Results Workspace

rekapitulate most reports load:

a. the name and full address of the employee and the giver

Gratification;

b. rank, rank, group, and office of the Employee;

c. and the time of the Gratification reception and time of acceptance;

d. description of type, value, and/or valuation of values

Gratification; and

e. general explanation.

Section 14

(1) The UPG Working Unit delivers a recapitulation of the report

to the KPK via the Central UPG in the timeframe

at least 7 (seven) days counting since the report date

Gratification is accepted.

(2) The Central UPG continues the recapitulation of the report

as referred to in paragraph (1) to the KPK in

the longest term of 7 (seven) days since

the date of the Gratification report is accepted.

Section 15

(1) Liabilities of Gratification submission

and/or goods through UPG Center or UPG Unit

Work or directly to KPK, done

after obtaining the designation of ownership status

Gratification by the KPK Leadership.

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(2) In terms of the designation of the Gratification status as

referred to the paragraph (1) is set to belong to the state,

The report handed the Gratification in time

at least 7 (seven) Days provided as

below:

a. for the money-shaped Gratification, Pereporting

The Gratification money is referred to the Country's Kas account

by passing the proof of the deposit to

KPK or through a KPK account with a gust

to the Central UPG and UPG Working Unit;

b. for the Gratification of goods, PeReport

handing the Gratification goods to:

1. KPK via UPG Central or Workforce UPG;

or

2. Directorate General of Wealth of State or

Office of the Territory/Representative Directorate General

The country's wealth in the goods is located and

conveyted the submission of goods

to KPK or UPG Central and/or UPG

Working Unit.

Article 16

(1) Acceptance of Gratification items

rotten or damaged among other food items

and/or fruits that are feared are expired and difficult

returned to the giver Gratification, can be directly

routed by Pereporting or UPG to poor facir

or social place.

(2) The inclusion of the Gratification reception as

referred to the paragraph (1) is reported to the KPK through

The Central UPG of the Working Unit is accompanied with

the explanation and documentation of the submission.

section 17

(1) Employees who reject Gratification, mandatory

report to the Central UPG or Workforce UPG

to avoid any inherent risk of being at a later

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2016, No. 2125 -13-

days against the parties.

(2) The delivery of the Gratification rejection report as

referred to in paragraph (1) is performed in the term

at most 7 (seven) Days of the date

The Gratification rejection.

(3) The report of the Gratification rejection as intended

on the verse (1) is the least of the following:

a. name and full address of PeReport and the giver

Gratification;

b. phone number PeReport;

c. The office of PeReport Gratification;

d. place and time of the Gratification ' s rejection;

e. rejected Gratification type description and/or value

and an assessment of the Gratification value rejected; and

f. The chronological rejection of the Gratification.

BAB V

provisions CLOSING

Article 18

At the time the Minister's Ordinance came into effect, Regulation

Minister of Law and Human Rights Number 15 Year

2014 on Controlling Catification in the Environment

The Ministry of Law and Human Rights (State News

The Republic of Indoensia in 2014 No. 763), revoked and

stated as not applicable.

Article 19

The Minister ' s Regulation is beginning to apply to The date

is promulred.

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For everyone to know, ordered

the invitational of the Minister's Regulation with its placement

in the Republic of Indonesia News.

Set in Jakarta

on the 29th December 2016

MINISTER FOR LAW AND HUMAN RIGHTS

REPUBLIC OF INDONESIA,

ttd

YASONNA H. LAOLY

Reundrased in Jakarta

on December 30, 2016

DIRECTOR GENERAL

REGULATIONS LEGISLATION

THE MINISTRY OF LAW AND HUMAN RIGHTS

THE REPUBLIC OF INDONESIA,

ttd

WIDODO EKATJAHJANA

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2016, No. 2125 -15-

ATTACHMENT

LAW AND HUMAN RIGHTS MINISTER REGULATION

REPUBLIC OF INDONESIA

NUMBER 58 IN 2016

ABOUT

GRATUITY CONTROL IN THE ENVIRONMENT

MINISTRY OF LAW AND LAW HUMAN RIGHTS

FORM GRATIFICATION

MINISTRY OF LAW AND HUMAN RIGHTS

INSPECTOR GENERAL

UPG-MAIN UNIT

UNIT CONTROL GRATIFICATION

REPORTING GRATIFICATION

Which signed on below this:

Name ${${${${${${${1], {\cf1, and {\cf1 \f1 \

NIP::

The Rank/Group: ${${insert ${${${\b {\cf1 \f1 \" \" \" \" \" \" \" \ ${${${${1, ${${1, ${ :....... B jo Article 16 Law No 30 Year 2002 on the Commission of Eradication

Criminal Corruption and Regulation Law Number 15 Year 2014,

with this report of the catification as stated in the attachment

report this to the unit The management of the Ministry of Law and Human Rights.

The report was made correctly and I was available at-

time called for clarification.

That received the report, PeReports,

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2016, No. 2125 -16-

MINISTRY OF LAW AND HUMAN RIGHTS

KANWIL.

UPG-OFFICE OF TERRITORY

GRATUITY CONTROL UNIT

REPORTING GRATIFICATION

Sign below:

Name:.

Place/date of birth:

NIP::

The Rank/Group: ${${insert ${${${\b {\cf1 \f1 \" \" \" \" \" \" \" \ ${${${${1, ${${1, ${ :....... B jo Article 16 Law No 30 Year 2002 on the Commission of Eradication

Criminal Corruption and Regulation Law Number 15 Year 2014,

with this report of the catification as stated in the attachment

report this to the unit The management of the Ministry of Law and Human Rights.

This report is made correctly and I am willing when-

time called for clarification.

Yang received the report, Pebriefing,

MINISTER OF LAW AND HUMAN RIGHTS

REPUBLIC OF INDONESIA,

ttd

YASONNA H. LAOLY

www.peraturan.go.id